A.
The Code of Maryland Regulations, COMAR 05.02.03.03(2)
states that the provisions of the Minimum Livability Code found therein
do not apply to housing located in a political subdivision that has
adopted a local housing code containing provisions that substantially
conform to the provisions of COMAR 05.02.03; and
B.
The Minimum Livability Code set forth herein substantially
conforms to those provisions, and it is therefore intended that the
adoption of this code shall have the effect of making COMAR .05.02.03
inapplicable in Talbot County, except to the extent the application
of those regulations would be more restrictive that the provisions
of this code.
This Article I describes the purposes for which this regulation was created, defines its jurisdiction and the terms used herein.
These regulations shall be known as the "Talbot
County Minimum Livability Code" and may be referred to throughout
as "this code."
A.
Purpose. This code is created to protect the public
health, safety, and welfare in residential structures and premises
by:
(1)
Establishing minimum property maintenance standards
for basic equipment and facilities used for light, ventilation, heating
and sanitation for residential structures and premises, and for safe
and sanitary maintenance of residential structures and premises;
(2)
Establishing minimum requirements for residential
structures and premises for means of egress, fire protection systems
and other equipment and devices necessary for safety from fire;
(3)
Fixing the responsibilities of property owners, operators
and tenants of residential structures and premises; and
(4)
Providing for administration, enforcement and penalties.
B.
Rulemaking authority. The County Council shall have
power as may be necessary in the interest of public safety, health,
and general welfare, to adopt and promulgate rules and regulations
to interpret and implement the provisions of this code to further
its intent.
This code shall be construed liberally and justly
to protect public health, safety and welfare insofar as they are affected
by the continued use and maintenance of residential structures and
premises. The Code Official shall decide questions of interpretation
of this code.
A.
General. This code shall apply to residential premises,
structures, and housing units, including mobile homes and trailers,
used for human habitation except:
B.
Local waiver.
(1)
The Code Official may temporarily waive applicability
of this code, in whole or part, to a unit of rental housing on application
of the property owner if:
(a)
Geographical differences or unique local conditions
justify the waiver; and
(b)
Adequate notice is afforded a tenant of the
unit; and
(c)
The tenant is afforded an opportunity to comment
on the application either in writing or in person; and
(d)
The waiver would not threaten the health or
safety of a tenant.
(2)
If a waiver granted by the Code Official extends beyond
the term of the lease of the current tenant, any prospective tenant
shall be notified in writing, by the landlord, upon application for
rental of this unit of housing, that this unit has been granted a
waiver from a provision(s) of this code and that his/her occupancy
will be subject to that waiver; and
(3)
Failure by the landlord to notify a prospective tenant
that a unit has been granted a waiver shall terminate the waiver.
(4)
The Code Official may waive applicability of this
code if the waiver is granted on the basis of the religious practices
of the occupancy of the unit of rental housing.
A.
Rules of interpretation.
(1)
Unless otherwise expressly stated, the terms defined in Subsection B of this section shall have the meanings indicated for purposes of the code.
(2)
Words used in the present tense include the future.
Words in the masculine gender include the feminine and neuter. The
singular number includes the plural and the plural the singular.
(3)
When terms are not defined, through the methods authorized
by this section, they shall have their ordinarily accepted meanings
such as the context may imply.
B.
BASEMENT
BUILDING CODE
CENTRAL HEATING
CODE
CODE OFFICIAL
CONDEMN
CONDEMNATION ORDER
CONFERENCE DIRECTOR
CONFIRMED ORDER
COUNTY
DEFECTS, SERIOUS OR SUBSTANTIAL
(1)
(2)
(3)
(4)
(5)
(6)
DEMOLITION ORDER
EXTERMINATION
FINAL ORDER
GARBAGE
HABITABLE AREA
HOUSING UNIT
INFESTATION
MAINTENANCE
MODIFIED ORDER
OCCUPANT
OPERATOR
PERSON
PLANNING OFFICE
PLUMBING
PLUMBING FIXTURE
(1)
(2)
(3)
PREMISES
PROPERTY OWNER
RECONSIDERATION
REPAIR ORDER
ROOMING HOUSE or BOARDINGHOUSE
RUBBISH
STRUCTURE
TENANT
VENTILATION
(1)
(2)
(3)
WORKING DAY
Terms defined. As used in this chapter, the following
terms shall have the meanings indicated:
That portion of a structure which is partly or completely
below grade.
The ICC International Building Code as amended or adopted
from time to time by Talbot County for the regulation of construction,
alteration, addition, repair, removal, demolition, use, location,
occupancy, or maintenance of premises and structures.
[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The heating system permanently installed and adjusted so
as to provide the distribution of heat to all habitable areas from
a source outside of these areas.
The Minimum Livability Code.
The Planning Officer or any duly authorized agent or designee
who is authorized to enforce this code or the Building Code.
To declare a structure or part of it, premises, or equipment
unsafe or unfit for use or occupation.
A written order issued by the Code Official stating that
a structure or part of it, premises, or equipment has been condemned
and shall be placarded, vacated, and/or placed out of service.
The person who shall preside at a reconsideration.
A written order, issued by the Conference Director, following
a reconsideration which affirms all provisions of a previous order
issued by the Code Official.
Talbot County, Maryland.
Any condition or defect which constitutes, or if not promptly
corrected will constitute, a fire hazard or a serious and substantial
threat to the life, health or safety of the occupants, including,
but not limited to:
Lack of heat, of light, electricity, or of hot
or cold running water, except where the tenant is responsible for
the payment of the utilities and the lack thereof is the direct result
of the tenant's failure to pay the charges; or
Lack of adequate sewage disposal facilities;
or
Infestation of rodents or vermin; or
The existence of paint containing lead pigment
on surfaces that present a hazard to children; or
The existence of any structural defect which
presents a serious and substantial threat to the physical safety of
the occupants; or
The existence of any condition which presents
a health or fire hazard to the dwelling unit.
A written order issued by the Code Official to a property
owner stating that a vacant structure which has been condemned, not
warranting of repairs, and a hazard to the public health, safety or
welfare must be demolished.
The control and elimination of insects, rodents, or other
pests by:
A written order issued by the Code Official to a property
owner or tenant when compliance with a previous order has not been
met.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
The space in a structure used for living, sleeping, eating,
or cooking including bathrooms and toilet compartments. Closets, halls,
storage or utility space, and similar areas are not considered habitable
areas.
A single unit of a structure providing or intended to provide
complete, independent living facilities for one or more persons, including
provisions for living, sleeping, eating, cooking, and sanitation.
The presence, within or contiguous to, a structure or premises
of insects, rodents, vermin or other pests in such number as to be
considered troublesome and/or a threat to the health of the occupants.
The repair and other acts intended to prevent a decline in
the condition of a structure, housing unit premises, or equipment
below the standards established by this code and other applicable
statutes, codes, and ordinances.
A written order, issued by the Conference Director, following
a reconsideration which modifies or revokes all or part of the provisions
of a previous order issued by the Code Official.
An individual having the right to legal possession of a space
within a housing unit or structure.
A person who has charge, care, or control of a housing unit,
structure or premises which is occupied or offered for occupancy.
Includes an individual, partnership, limited partnership,
trust, estate, association or corporation.
The Talbot County Office of Planning and Zoning.
The practice, materials, facilities, and fixtures used in
the installation, maintenance, extension or alteration of all piping,
fixtures, appliances, and appurtenances within the scope of the applicable
Plumbing Code.
[2]A receptacle or device which:
Is either permanently or temporarily connected
to the water distribution system of the premises, and demands a supply
of water from it; or
Discharges used water, liquid-borne waste materials,
or sewage either directly or indirectly to the drainage system of
the premises; or
Requires both a water supply connection and
a discharge to the drainage system of the premises.
A lot, plat or parcel of land including the structures on
it.
A person having a legal or equitable interest in the premises,
including the guardian of the estate of the person, or the executor
or administrator of the estate of the person if ordered to take possession
of the premises by a court.
An informal conference in which any interested person may
request the Conference Director to modify or revoke the terms of any
order or notice issued by the Code Official.
A written order issued by the Code Official to a property
owner or tenant, to correct or eliminate any violation of this code,
or to restore, replace, or construct any improvement to a housing
unit or structure to comply with this code.
Any building containing one or more rooming units which is
used or designed to be used, with or without meals, as an abiding
place for three or more persons who are not related to the owner or
lessee of the same, and shall include but is not limited to hotels,
motels, lodging houses, or other buildings with a similar use.
Paper, rags, cartons, boxes, wood, excelsior, rubber, leather,
tree branches, yard trimmings, tin cans, metals, mineral matter, glass,
crockery, dust and other similar materials as well as the residue
from the burning of wood, coal, coke, and other combustible materials.
A residential structure used for human habitation, including
one or more housing units.
An occupant other than a property owner.
VENTILATIONThe process of supplying and removing air by natural or mechanical means to or from a space.
MECHANICAL VENTILATIONVentilation by power-driven devices.
NATURAL VENTILATIONVentilation by opening to outer air through windows, skylights, doors, louvers, or stacks without power-driven devices.
Any day on which offices of the Talbot County government
are open for normal business.
